The Modern Presidency

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The Modern Presidency
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Constitutional Powers and Duties of the President

• The Powers of the Presidency Have Grown
  Substantially in Modern Times...

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Constitutional Powers and Duties of the President

• Many modern presidential are NOT specifically
  stated in the Constitution.

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Constitutional Powers

• Growing Presidential Power
• Broad authority from Congress
• Public Opinion.. Executive FIRST BRANCH of
  Government
• Inherent Constitutional Powers
• Power Crises emergencies

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Constitutional powers

• Executive powers
• Diplomatic powers
• Legislative powers

• Military powers
• Judicial powers

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Executive Powers

• Basic role of the President is to execute or
  carry out the law.
• The executive power shall be invested in a
  President of the United States of America. (Art
  II, Sec 1, p 1)
• he shall take Care that the Laws be faithfully
  executed (Art. II, sec. 3)
• This is one of the most elastic phrases of the
  Constitution.

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Executive Powers

• I have used every ounce of power there was in the
  office and I have not cared a rap for the
  criticisms of those who spoke of my usurpation of
  power... I believe that the efficiency of this
  Government depends upon its possessing a strong
  central executive
• Theodore Roosevelt, 1908

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Executive Powers
CASE STUDY Little Rock Nine
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Executive Powers

• Presidents can invoke Executive Privilege on
  matters of national security.
• U.S. v. Nixon (1974)

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Legislative Powers

• Legislative powers include
• Veto power
• State of the Union Address
• Budgets
• Expected to lead

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Legislative Powers

• The Veto power
• The only expressed legislative constitutional
  power.

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Legislative Powers

• Presidents use the OMB to submit budgets to
  congress

2010 Budget Proposal
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Diplomatic Powers

• Head of State
• Treaties with Foreign nations
• Requires the Advice and consent of the Senate

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Diplomatic Powers

• Executive Agreements
• Recognition

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Judicial Powers

• Nominates Federal Judges

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Judicial Powers

• Grant pardons for federal crimes
• Ford Pardons Nixon
• Audio

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Military Powers

• The President shall be Commander in Chief of the
  Army and Navy of the United States (Art. II, Sec
  2, par 1)
• The Presidents role as Commander in Chief is
  perhaps his most vital.

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Executive Inherent Powers

• In-depth

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Executive Powers In-Depth

• Presidential Directives
• Most common are Executive Orders
• Have the force of law
• Can be challenged / reversed
• National Security Directives and findings

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Executive Powers In-Depth

• Japanese Internment
• FDRs 1942 E.O. 9066

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Executive Powers In-Depth

• Clinton signs an executive order on the rim of
  the Grand Canyon
• Executive orders , in theory at least, are
  supposed to be based on existing statute.
• The so called Antiquities Act of 1906 was the
  basis of Clintons federal land grab in Utah.

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Inherent Powers
Cheneys Law

• Presidents have claimed so called inherent
  powers. Today, these claims include
• Domestic eavesdropping
• Capture and Render terror suspects
• Enhanced interrogation

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Inherent Powers

• There were a powerful set of shared assumptions
  that we had in the wake of 9/11, and one of the
  most powerful was the assumption that we would
  never be forgiven if we failed to do something
  that was within the power of our government
  lawfully to protect the public from a further
  attack
• Bradford Berenson, Associate White House Counsel
  To President Bush

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Inherent Powers

• In Nov. 2001, President Bush issued a finding
  dealing with terrorists.

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Inherent Powers

• John Yoo, Memo (9/25/01)
• The President has broad constitutional power to
  take military action in response to the terrorist
  attacks on the United States on September 11,
  2001. Congress has acknowledged this inherent
  executive power in both the War Powers Resolution
  and the Joint Resolution passed by Congress on
  September 14, 2001.
• The President has constitutional power not only
  to retaliate against any person, organization, or
  State suspected of involvement in terrorist
  attacks on the United States, but also against
  foreign States suspected of harboring or
  supporting such organizations.
• The President may deploy military force
  preemptively against terrorist organizations or
  the States that harbor or support them, whether
  or not they can be linked to the specific
  terrorist incidents of September 11.

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Inherent Powers

• to use all necessary and appropriate force
  against those nations, organizations, or persons
  he determines planned, authorized, committed, or
  aided the terrorist attacks that occurred on
  Sept. 11, 2001, or harbored such organizations or
  persons, in order to prevent any future acts of
  international terrorism against the United States
  by such nations, organizations or persons.

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Inherent Powers
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Finis

• Jump to Organization

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Executive Powers In-Depth

• In May of 2003 the White House issued Executive
  Order 13303 that took control of all oil
  reserves in Iraq.
• Some feel the use of executive orders have
  exceeded the constitutional authority of the
  president.

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Inherent Powers

• Some feel the expansion of presidential power has
  exceeded the constitutional designs of the
  office